Delivery Procedures. At the Effective Time, the Merger Consideration shall be delivered by the Company and its transfer agent to the General Partners. Promptly thereafter, the General Partners shall deliver to each holder of Fund Interests (a “Partner”), in exchange for its Fund Interest, cash, a certificate representing the number of whole shares of Company Series A Preferred Stock and payment in lieu of fractional shares which such holder has the right to receive pursuant to Sections 2.1(a) and 2.2(d), after giving effect to any withholding rights described in Section 2.2(f) below.
Delivery Procedures. Prior to the time at which any Energy is to be delivered to Purchaser from the Facility, to the extent applicable, Purchaser shall schedule and be obligated to take delivery of Energy to be delivered under this Agreement. The Facility Products generated and produced from the Project (directly or through the XXXX) shall be scheduled and delivered at the Point of Delivery under the practices and procedures approved pursuant to Section 6.2, as applicable, all in accordance with the Power Purchase Agreement.
Delivery Procedures. The delivery of Solid Waste to the Facility shall be regulated by the hauler rules and regulations set forth on Exhibit C-1 hereto and which are applicable to all customers utilizing the Facility (the “Hauler Rules and Regulations”). Subject to the Jurisdictions’ prior written approval, which shall not be unreasonably withheld, the Company may amend the Hauler Rules and Regulations from time to time by delivering written notice to the Jurisdictions not less than sixty (60) days prior to the effectiveness of such amendment; provided, however, any amendment to the Hauler Rules and Regulations which is not applicable to all customers utilizing the Facility shall not be applicable to or enforceable against the Jurisdictions or its designated haulers. The Hauler Rules and Regulations shall have reasonable terms and conditions consistent with the then-current operation of the Facility as of the Execution Date. The Parties agree that in the event of a conflict between the terms of this Agreement and the Hauler Rules and Regulations, this Agreement controls.
Delivery Procedures. The Customer shall deliver the Olives to The Olive Press between 7:00am – 10:00am in ½ - ton macro bins only. Any other type of delivery container (fermenting bins, wood boxes) will either incur an additional charge or be refused. Upon delivery, The Olive Press shall weigh the Olives and provide a delivery receipt to the Customer that shall be signed by an authorized representative of The Olive Press and the Customer.
Delivery Procedures. Prior to the last trading day in the case of positions in open futures and options, and at least two business days prior to the value date in the case of forward contracts, or in any event at such earlier time as Xxxxxxx Xxxxx may reasonably require, Customer agrees that it shall give Xxxxxxx Xxxxx instructions to liquidate or make or take delivery under such futures or forward contracts, or to liquidate, exercise or allow the expiration of such options and shall deliver to Xxxxxxx Xxxxx sufficient funds and any documents required in connection with any such exercise or delivery. (Customer understands and acknowledges that option positions may be subject to automatic exercise procedures. Xxxxxxx Xxxxx will exercise all in-the-money option positions that are subject to automatic exercise unless Customer advises Xxxxxxx Xxxxx to the contrary.) If Customer fails to comply with any of the foregoing obligations, Xxxxxxx Xxxxx may, at its discretion and in any commercially reasonable manner, liquidate any open positions, make or receive delivery of any securities, commodities or instruments, or exercise or allow the expiration of any option. Customer shall remain fully liable for all costs, expenses, and liabilities incurred by Xxxxxxx Xxxxx in connection with such transactions and for any remaining debit balance.
Delivery Procedures. For Stores participating in Key Drop Deliveries, Distributor’s driver will be responsible for delivering all freezer and chilled Products into the respective walk-ins via dolly, and shall stock Products on the shelves. All dry Products are to be placed together in the storage areas located in the back of each Store. Store management is responsible for preparing walk-in units for deliveries by moving all existing merchandise to the front of the walk-ins. When space is not available or Product has not been properly rotated prior to the delivery, Distributor’s driver may place Product on the floor of the walk-in. If Distributor’s driver is not able to make a scheduled delivery to a Store due to the fault of a JJC employee (i.e., locks or security codes changed without informing Distributor in advance), JJC will pay Distributor , plus any applicable non-scheduled delivery surcharge for returning to the Store to make the delivery. All “key-drop” deliveries, in which the driver has missed their delivery window, will continue to be subject to the above requirements.
Delivery Procedures. Deliveries of Solid Waste hereunder shall be substantially in accordance with written procedures established by mutual consent of the Parties.
Delivery Procedures. Customer shall deliver Olives to COM, unless otherwise agreed upon in advance and in writing. Olives shall be weighed and a Weighmaster Certificate shall be completed, signed by authorized representatives of COM and Customer, and a copy thereof shall be given to the Customer. COM shall establish the schedule by which custom crushing takes place. Customer shall not deliver Olives to COM for milling except on the date and time that has been previously agreed upon by the parties. Late or cancelled deliveries may incur a surcharge. COM shall begin processing Customer's Olives within 24 hours of their delivery and acceptance. COM makes no representation and gives no guarantee as to the numbers of gallons of oil to be obtained from each ton of fruit.
Delivery Procedures. The SCPPA Percentage of Facility Capacity shall be scheduled and delivered to the Point of Delivery under the practices and procedures approved pursuant to Sections 6.2 and 6.3, as applicable.
Delivery Procedures. 7.1 All physical deliveries of Deliverables covered by Purchase Orders shall be accompanied by a consignment note, which includes:
